United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 79285532
Mark: AMPLITUDE
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Correspondence Address: |
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Applicant: AMPLITUDE STUDIOS
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
International Registration No. 1530715
Notice of Provisional Full Refusal
Deadline for responding. The USPTO must receive applicant’s response within six months of the “date on which the notification was sent to WIPO (mailing date)” located on the WIPO cover letter, or the U.S. application will be abandoned. To confirm the mailing date, go to the USPTO’s Trademark Status and Document Retrieval (TSDR) database, select “US Serial, Registration, or Reference No.,” enter the U.S. application serial number in the blank text box, and click on “Documents.” The mailing date used to calculate the response deadline is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
Respond to this Office action using the USPTO’s Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Discussion of provisional full refusal. This is a provisional full refusal of the request for extension of protection to the United States of the international registration, known in the United States as a U.S. application based on Trademark Act Section 66(a). See 15 U.S.C. §§1141f(a), 1141h(c).
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
IDENTIFICATION OF GOODS AND SERVICES
Particular wording in the identification of goods and/or services is indefinite/too broad or misclassified and must be clarified for reasons explained below. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Please see specific requirements explained below in italicized lettering and suggested wording below in bold lettering.
The following substitute wording is suggested, if accurate:
Class 009: Downloadable computer-game programs; recorded computer-game programs; downloadable computer-game software; recorded computer-game software; downloadable video game software; recorded video-game software; downloadable video game programs; recorded video-game programs; {This entry is indefinite and over broad, applicant must specify the nature of the discs, e.g.} video game cartridges and discs; downloadable computer-game software for mobile and cellular telephones; downloadable software for computer games and video games; music files downloadable via a global computer network or via wireless equipment; compact discs recorded with sounds containing music, video-game sounds, dialogues; pre-recorded video discs and tapes containing music, comedy, drama, action, adventure or animation; electronic publications, namely, downloadable books and magazines in the field of computer games, video games, comic books and music
Class 041: Entertainment services, namely, provision of on-line video games and on-line computer games; providing information on on-line games; {This entry is indefinite, applicant must specify the nature of the competitions and tournaments, e.g.} organization, production and presentation of competitions and tournaments in the field of video games and computer games; provision of non-downloadable music online
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
The following description is suggested, if accurate: The mark consists of the wording “AMPLITUDE” in stylized form set to the right of an arrow pointing right set within a circle.
U.S. COUNSEL REQUIRED
Applicant must be represented by a U.S.-licensed attorney at the USPTO to respond to or appeal the provisional refusal. An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019). An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
Only a U.S.-licensed attorney can take action on an application on behalf of a foreign-domiciled applicant. 37 C.F.R. §2.11(a). Accordingly, the USPTO will not communicate further with applicant about the application beyond this Office action or permit applicant to make future submissions in this application. And applicant is not authorized to make amendments to the application.
To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Change Address or Representation form. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
How to respond. Click to file a response to this nonfinal Office action.
/John Salcido/
John Salcido
Examining Attorney
Law Office 122
571-272-7549
John.Salcido@uspto.gov
RESPONSE GUIDANCE